New state law requires open government training for officials

Starting next year, governmental officials should have no excuse for claiming ignorance of open government laws under a bill signed into law May 23.

Gov. Rick Perry signed Senate Bill 286, which requires public officials — whether elected or appointed — to receive training on the requirements of open meetings and public information laws.

The law, authored by Sen. Jeff Wentworth, R-San Antonio, and sponsored by Rep. Todd Baxter, R-Austin, will take effect Jan. 1, 2006. The Texas Press Association/Texas Daily Newspaper Association Legislative Advisory Committee supported the bill and gave it a priority 1 ranking this session.

The open meeting training must include:

· the general background of the legal requirements for open meetings

· the applicability of the act to governmental bodies procedures and requirements regarding quorums, notice and recordkeeping

· procedures and requirements for holding an open meeting and for holding a closed meeting

· penalties and other consequences for failure to comply.

The open records training applies to elected or appointed public officials of multimember governmental bodies, officers of a body that is headed by a single officer and public information officers.

The open records training must include:

· the general background of the legal requirements for open records and public information

· the applicability of the act to governmental bodies

· procedures and requirements regarding complying with a request for information

· the role of the attorney general

· penalties and other consequences for failure to comply

Each applicable official must be certified as completing the required training and the governmental entity must maintain and make available copies of the certifications.

Newly elected or appointed officials must complete the training within 30 days of taking office. The act gives officials who were in office before Jan. 1, 2006, one year to complete the training.

Once the initial courses are taken, the act requires the training to be completed at least once every two years. The attorney general is charged with making the training available through his office or other outlets.